RPVCCA_SR_2010_08_03_06_Residential_Street_Resurfacing_Project_ContractCITY OF
MEMORANDUM
Rt\NCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR &CITY COUNCIL ME~~~.fYL
RAY HOLLAND,DIRECTOR OF PUBLIC wQJtKS ..f 11-..
AUGUST 3,2010
CONSTRUCTION CONTRACT FOR RESIDENTIAL
STREETS RESURFACING PROJECT (AREA 4 AND A
PORTION OF AREA 8)
CAROLYN LEHR,CITY MANAGER 09--
Nicole Jules,Senior Engineer -r 9'"
RECOMMENDATIONS:
1.Approve the project construction plans and specifications.
2.Award a $1,218,105.31 construction contract to Sully-Miller Contracting
Company for the Residential Streets Resurfacing Project (Area 4 and a portion
of Area 8)and authorize an additional 10%or $121,810.53 for possible extra
work and contingencies;thereby approving a $1,339,915.84 construction budget.
3.Authorize the Mayor and City Clerk to execute a construction contract with Sully-
Miller Contracting Company.
BACKGROUND/DISCUSSION
Annually,the City implements the residential streets resurfacing project.The City is
sub-divided into seven pavement maintenance zones and approximately every 7 years
the streets in each zone are rehabilitated.This year's residential resurfacing project will
rehabilitate the streets in Zone 4 and the remaining portion of Zone 8.The first portion
of Zone 8 was resurfaced last year during the FY 09-10 Residential Streets Resurfacing
Project.As seen in Attachment A,the project area includes streets in neighborhoods in
the north east region of the City near Crest and Crenshaw as well as some streets in
the east region of the City off of Palos Verdes Drive East.
All streets included in the resurfacing project are consistent with the City's Pavement
Management Program.
6-1
ANALYSIS
Construction Contract
The project was advertised and sealed bids were received and opened on July 28,
2010.Sully-Miller Contracting Company submitted the lowest responsive bid out of the
five bids received.The following table summarizes the bids received:
BID SUMMARY
Construction Companies Bid Amount
Sully-Miller ContractinQ Company $1,218,105.31
International SurfacinQ System $1,352,500.00
Pavement CoatinQs Company $1,487,281.00
Copp Contracting,Inc.$1,623,942.50
Minco Construction $2,440,650.00
Staff has verified Sully-Miller's,references and found their past performance on jobs of
similar size and scope to be satisfactory.Sully-Miller's bid documents,bonds,and DBE
documents are in order and their contractor's license is current.
Sully-Miller has successfully completed two past roadway rehabilitation projects in the
City of Rancho Palos Verdes within the last 5 years.
ALTERNATIVE
An alternative recommendation is to reject all construction bids and re-advertise the
construction project.This alternative could take approximately two months to complete
and may result in an increase in bids.
CONCLUSION
Adopting staff's recommendations will award a construction contract to Sully-Miller
Contracting.Construction is expected to begin at end of August 2010 and be
completed by November 2010.
FISCAL IMPACT
The recommended action will result in a total project expenditure of $1 ,339,915.84.
Funding for the project is included in the Residential Pavement Program of the FY 10-
11 Budget.
The City Attorney has reviewed and approved the standard construction contract and
project specifications.
Attachment:Project Location Map
Contract Agreement
6-2
PALOS VERDES
RANCHO PALOS VERDES
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AREA8/SHT 5
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fj-'---'--f~()~---?L AREA 4/SHT 4
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DIRECTOR OF PUBUC WORKS DATE
RESIDENTIAL STREETS OVERLAY AND SLURRY SEAL PROJECT
AREA 4 AND AREA 8
REVISiONS
CITY OF RANCHO PALOS VERDES
INDEX MAP APPROVED BY SENIOR ENGINEER,P.E.DATE
SHEET 3 OF 8
SHT.3
6
-
3
CITY OF RANCHO PALOS VERDES
AGREEMENT FOR RESIDENTIAL STREETS IMPROVEMENT PROJECT
FISCAL YEAR 2009-2010 AREA 4 AND AREA 8
THIS AGREEMENT (the "Agreement")is made and entered this 3rd day of August,2010,by and
between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City"and
Sully-Miller Contracting Company,hereinafter referred to as "Contractor."
NOW,THEREFORE,the parties hereto do agree as follows:
1.Scope of Services.City hereby employs Contractor to perform the work and provide the
services and materials for the project identified as RESIDENTIAL STREETS IMPROVEMENT
PROJECT Fiscal Year 2009-2010 AREA 4 AND AREA 8,as described in these Plans and Specifications,
attached hereto and incorporated herein by this reference,including miscellaneous appurtenant work.
Such work shall be performed in a good and workmanlike manner,under the terms as stated herein and in
these Plans and Specifications,and in accordance with the latest edition of the Joint Cooperative
Committee,Southern California Chapters of the American Public Works Association and the Associated
General Contractors of America,document entitled "Standard Specifications."In the event of any
conflict between the terms of this Agreement and any of the above-referenced documents,the terms of
this Agreement shall be controlling.
2.Compensation.In consideration of the services rendered hereunder,Contractor shall be
paid a not to exceed amount of in accordance with the prices as submitted in Contractor's
Proposal,attached hereto and incorporated herein.The City shall compensate Contractor as stated in the
Plans and Specifications.
3.Payments.City shall make payments within thirty (30)days after receipt of an undisputed
and properly submitted payment request from Contractor.City shall return to Contractor any payment
request determined not to be a proper payment request as soon as practicable,but not later than seven (7)
days after receipt,and shall explain in writing the reasons why the payment request is not proper.
4.Time.Upon receipt of written Notice to Proceed from the City,Contractor shall perform
with due diligence the services requested by the City and agreed on by Contractor.Time is of the essence
in this Agreement.
5.Default and Remedies.
a.Default shall consist of any failure by the Contractor to perform under this
Agreement or written amendments thereto or any breach of any covenant,agreement,provision or
warranty provided by the Contractor as a part of this Agreement.Actions which constitute a default
include,but are not limited to:(1)failure to submit to the City reports which are required pursuant to this
Agreement or the submission of required reports that are incorrect or incomplete;(2)submission of
requests for payment or reimbursement of amounts that are incorrect or incomplete;(3)the failure of
Contractor to accept any additional conditions which may be required by law,by executive order,by
regulation or by other policy announced by the City,the state or any federal agency;or (4)failure to
perform any activity required by this Agreement.
b.Upon occurrence of any default,the City shall advise Contractor in writing of the
action constituting the default,and specify the actions that must be taken to cure the default.The City
may suspend payment under the Agreement.If a default is not cured within thirty (30)days from receipt
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of written notice of such default by the Contractor,the City may continue the suspension or,by written
notice of termination,may terminate this Agreement.
c.Notwithstanding the above,Contractor shall not be relieved of liability to the
City for damage sustained by the City by virtue of any default or breach of the Agreement by Contractor,
and the City may deduct the amount of damages from any outstanding payments to Contractor or may
withhold payments until such time as the exact amount of the damages is determined.
6.Termination.
a.This Agreement may be canceled by City at any time with or without cause
without penalty upon thirty (30)days'written notice.In the event of termination without fault of
Contractor,City shall pay Contractor for all services satisfactorily rendered prior to date of termination,
and such payment shall be in full satisfaction of all services rendered hereunder.
b.If federal funding for this Agreement is terminated and no other funding is
available for continuation of this project,the City will not be obligated to continue funding for the
services contained in this Agreement and may terminate the Agreement.
7.Incorporation by Reference.All of the following documents are attached hereto and
incorporated herein by this reference:City of Rancho Palos Verdes Instructions for Execution of
Instruments;Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract;
Payment Bond (Labor and Materials);Performance Bond;Workers'Compensation Certificate of
Insurance;Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution;
Additional Insured Endorsement (Comprehensive General Liability);Additional Insured Endorsement
(Automobile Liability);Additional Insured Endorsement (Excess Liability);Non-Segregated Facilities
Certification:Federally-Assisted Construction Projects;Equal Employment Opportunity Commitment;
Contracting with Small Business Minority Firms,Women's Business Enterprise and Labor Surplus Area
Firms;and Federal Equal Employment Opportunity/Mfrrmative Action Requirements.
8.Audit.The City or its representative shall have the option of inspecting and/or auditing
all records and other written materials used by Contractor in preparing its billings to the City as a
condition precedent to any payment to Contractor.Contractor will promptly furnish documents requested
by the City.Additionally,pursuant to Govermnent Code Section 8546.7,if this Agreement involves the
expenditure of public funds in excess of ten thousand dollars ($10,000),Contractor shall be subject to
State Auditor examination and audit at the request of the City or as part of any audit of the City,for a
period of three (3)years after final payment under this Agreement.
9.LobbYing Certifications.The Los Angeles County Lobbyist Code Chapter 2.160 County
Ordinance No.93-0031 Certification and the Federal Lobbyist Requirements Certification are attached
hereto and incorporated herein by this reference.Consultant shall complete and file these Certifications
as required.
10.Environmental Protection.Contractor shall comply with all applicable standards,orders,
or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.§7401 et seq.),Section 508 of
the Clear Water Act (33 U.S.C.§1368),Executive Order 11738,and the relevant Environmental
Protection Agency regulations (40 CFR,Chp.I)that prohibit the use under non-exempt federal contracts,
grants or loans of facilities included in the EPA List of Violating Facilities.Contractor shall promptly
report any violations ofthis Section to the City and to the U.S.EPA Administrator for Enforcement.
11.Antitrust Claims.Pursuant to Public Contract Code Section 7103.5,Contractor offers
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and agrees to assign to the City all rights,title,and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C.Sec.15)or under the Cartwright Act (Chapter 2 (commencing
with Section 16700)of Part 2 of Division 7 of the California Business and Professions Code)arising from
purchases of goods,services,or materials pursuant to the Agreement.This assignment shall be made and
become effective at the time the City tenders fmal payment to Contractor without further
acknowledgment by the parties.
12.Utilities.City assumes the responsibility for the timely removal,relocation,or protection
of existing main or trunkline utility facilities located on the site of the project that is the subject of this
Agreement.City shall compensate Contractor for the costs of locating,repairing damage not due to the
failure of the Contractor to exercise reasonable care,and removing or relocating such utility facilities with
reasonable accuracy,and for equipment on the project necessarily idled during such work.Contractor
shall not be assessed liquidated damages for delay in completion of the project,when such delay was
caused by the failure of the City or the owner of the utility to provide for removal or relocation of such
utility facilities.
13.Location of Existing Elements.Pursuant to Government Code Sections 4216 to 4216.9,
the methods used and costs involved to locate existing elements,points of connection and all construction
methods are Contractor's sole responsibility.Accuracy of information furnished,as to existing
conditions,is not guaranteed by City.Contractor,at its sole expense,must make all investigations
necessary to determine locations of existing elements,which may include,without limitation,contacting
U.S.A.alert and other private underground locating frrm(s),and/or utilizing potholes,specialized locating
equipment and/or hand trenching.
14.Independent Contractor.Contractor is and shall at all times remain,as to the City,a
wholly independent contractor.Neither the City nor any of its agents shall have control over the conduct
of Contractor or any of the Contractor's employees,except as herein set forth,and Contractor is free to
dispose of all portions of its time and activities which it is not obligated to devote to the City in such a
manner and to such persons,frrms,or corporations at the Contractor wishes except as expressly provided
in this Agreement.Contractor shall have no power to incur any debt,obligation,or liability on behalf of
the City or otherwise act on behalf of the City as an agent.Contractor shall not,at any time or in any
manner,represent that it or any of its agents,servants or employees,are in any manner agents,servants or
employees of City.Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement,and to indenmify and hold the City harmless from any and all taxes,assessments,penalties,
and interest asserted against the City by reason of the independent contractor relationship created by this
Agreement.Contractor shall fully comply with the workers'compensation law regarding Contractor and
its employees.Contractor further agrees to indenmify and hold the City harmless from any failure of
Contractor to comply with applicable workers'compensation laws.The City shall have the right to offset
against the amount of any fees due to Contractor under this Agreement any amount due to the City from
Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification
arising under this Section.
15.Workers'Compensation Insurance.California Labor Code Sections 1860 and 3700
provide that every contractor will be required to secure the payment of compensation to its employees.In
accordance with the provisions of California Labor Code Section 1861,the Contractor hereby certifies as
follows:
"1 am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers'compensation or to under take self-
insurance in accordance with the provisions of that code,and 1 will comply with such
provisions before commencing the performance of the work of this contract."
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16.Debarred,Suspended or illeligible Contractors.Contractor shall not perform work with
debarred subcontractor pursuant to California Labor Code sections 1777.1 or 1777.7.
17.Non~Discrimination and Executive Order 11246.Contractor shall adhere to all federal
non~discrimination requirements,including Executive Order 11246,as listed in the Federal Non~
Discrimination Provisions,which is attached hereto and incorporated herein by this reference.Contractor
shall also adhere to the Equal Employment Opportunity Regulations for Federally Assisted Construction
Contracts,which is attached hereto and incorporated herein by this reference.
18.Conflicts of Interest.
a.Contractor agrees not to accept any employment or representation during the
term of this Agreement or within twelve (12)months after completion of the work under this Agreement
which is or may likely make Contractor "financially interested,"as provided in Government Code Section
1090 and 87100,in any decisions made by City on any matter in connection with which Contractor has
been retained pursuant to this Agreement.
b.No official,officer,employee,or agent of the City or Contractor shall have any
financial interest,direct or indirect,in any contract or subcontract,or the proceeds thereof,for work to be
performed in connection with the program assisted under this Agreement.Immediate family members of
said officials,officers,employees,and agents are similarly barred from having any fmancial interest in
the program.
19.Third Party Claims.City shall have full authority to compromise or otherwise settle any
claim relating to the Agreement at any time.City shall timely notification Contractor of the receipt of any
third~party claim,relating to the Agreement.City shall be entitled to recover its reasonable costs incurred
in providing this notice.
20.Davis-Bacon Act,Copeland Anti~Kickback Act,and Prevailing Wages.Contractor
acknowledges that this is a federally assisted construction contract and that federal labor standards
provisions,including prevailing wage requirements of the Davis-Bacon Act and related acts,as well as
the Copeland Anti-Kickback Act,are incorporated by reference and will be enforced.Contractor
understands that in the event of a conflict between the Federal General Wage Decision as established by
the United States Department of Labor (available at www.access.gpo.gov/davisbacon/ca.html)and the
State General Prevailing Wage Determination as established by the California Department of Industrial
Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm).the higher of the two will prevail.
The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated
herein by this reference.Eight hours of labor constitutes a legal day's work.
21.Contract Work Hours and Safety Standards Act.ill employing mechanics or laborers,
Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 USC §§3701 et
seq.),as supplemented by Department of Labor Regulations contained in 29 C.F.R.Parts 3,5 and 5a.
Contractor shall not require or permit any laborer or mechanic,in any workweek in which the laborer or
mechanic is employed on that work,to work more than forty (40)hours in that workweek,except as
provided in the Contract Work Hours and Safety Standards Act.When a violation occurs,Contractor is
liable to the affected employee for the employee's unpaid wages and to the City for liquidated damages
equal to ten dollars ($10)for each calendar day on which the individual was required or permitted to work
in excess ofthe standard workweek without payment ofthe overtime wages required by this chapter.
22.Applicable Law.Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance ofthis Agreement shall be controlled by and construed
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under the laws of the State of California,excluding California's choice of law rules.Venue for any such
action relating to this Agreement shall be in the Los Angeles County Superior Court.
23.Attorneys'Fees.If any legal action or other proceeding,including action for declaratory
relief,is brought for the enforcement of this Agreement or because of an alleged dispute,breach,default
or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover
reasonable attorneys'fees,experts'fees,and other costs,in addition to any other relief to which the party
may be entitled.
24.Entire Agreement.This Agreement,including any other documents incorporated herein
by specific reference,represents the entire and integrated agreement between City and Contractor and
supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement
may be modified or amended,or provisions or breach may be waived,only by subsequent written
agreement signed by both parties.
25.Construction.In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be resolved by any rules
of interpretation providing for interpretation against the party who causes the uncertainty to exist or
against the party who drafted the Agreement or who drafted that portion of the Agreement.
26.Non-waiver of Terms,Rights and Remedies.Waiver by either party of anyone or more
of the conditions of performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement.In no event shall the making by the City of any payment to
Consultant constitute or be construed as a waiver by the City of any breach of covenant,or any default
which may then exist on the part of Consultant,and the making of any such payment by the City shall in
no way impair or prejudice any right or remedy available to the City with regard to such breach or default.
27.Severability.If any term or portion of this Agreement is held to be invalid,illegal,or
otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement
shall continue in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and
year first above written.
CITY OF RANCHO PALOS VERDES
Mayor
ATTEST:
By:_
City Clerk
CONTRACTOR:
By:_
Printed Name:_
Date:_
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CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
THIS IS INSTRUCTION ONLY -IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH
THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF
RANCHO PALOS VERDES -IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT
DOCUMENTS.
1.By an Individual.The individual must sign the instrument,and if he/she is doing business under
a fictitious name,the fictitious name must be set forth.The signature must be acknowledged
before a Notary Public,using the proper form of acknowledgment.
2.By a Partnership.The name of the partnership must be set forth followed by the signatures of
less than all of the partners will be acceptable only if submitted with evidence of authority to act
on behalf of the partnership.The signatures must be acknowledged before a Notary Public,using
the proper form of acknowledgment.
3.By a Corporation.The name of the corporation must be set forth,followed by the signatures of
the President or Vice President and Secretary or Assistant Secretary.The signatures must be
acknowledged before a Notary Public,using in substance the following form of acknowledgment.
4.By a Surety.The name of the surety must be set forth,followed by an authorized signature.The
signatures must be acknowledged before a Notary Public,using the proper form of
acknowledgment.
STATEOF /
)SS.
COUNTYOF )
On ,20 __,before me,the undersigned,appeared _
known to me to be the President or Vice President and known to be to be the Secretary or Assistant
Secretary of the corporation that executed the within instrument,and acknowledged to me that such
corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council.
WITNESS my signature and seal.
Notary Public
(Seal)
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INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES
PUBLIC WORKS CONTRACT
The Contractor shall at all time during the term of this Agreement carry,maintain,and keep in full force
and effect,with an insurance company admitted to do business in California and approved by the City (1)
a policy or policies of broad-form comprehensive general liability insurance with minimum limits of
$5,000,000.00 combined single limit coverage against any injury,death,lose,or damage as a result of
wrongful or negligent acts by the Contractor,its officers,employees,agents,and independent contractors
in performance of services under this Agreement;(2)property damage insurance with a minimum limit of
$1,000,000.00;(3)automotive liability insurance with a minimum combined single limits coverage of
$5,000,000.00;and (4)workers'compensation insurance with a minimum limit of $1,000,000.00 or the
amount required by law,whichever is greater.The City,its officers,employees,attorneys,and volunteers
shall be named as additional insured on the policy(ies)as to comprehensive general liability,property
damage,and workers'compensation coverages.
1.Acceptable insurance coverage shall be placed with carriers admitted to write insurance
in California,or carriers with a rating of,or equivalent to,A:vn by A.M.Best &
Company.Any deviation from this rule shall require specific approval,in writing,from
the City.
2.All insurance policies shall provide that the insurance coverage shall not be non-renewed,
canceled,reduced,or otherwise modified (except through addition of additional insured
to the policy)by the insurance carrier without the insurance carrier giving the City thirty
(30)days prior written notice thereof.The Contractor agrees that it will not cancel,
reduce or otherwise modify said insurance coverage.
3.The Contractor agrees that if it does not keep the aforesaid insurance in full force and
effect,and such insurance is available at a reasonable cost,the City may take out the
necessary insurance and pay the premium thereon,and the repayment thereof shall be
deemed an obligation of the Contractor and the cost of such insurance may be deducted,
at the option of the City,from payments due the Contractor.
4.The Contractor shall submit to the City (1)insurance certificates indicating compliance
with the minimum workers'compensation insurance requirements above,and (2)
insurance policy endorsements above,not less than one (1)day prior to beginning of
performance under this Agreement.Endorsements must be executed on the City's
appropriate standard forms entitled "Additional Insured Endorsement,"copies of which
are attached hereto.
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Bond No._
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the _
("Public Agency"),has awarded to _
(Name and address ofContractor)
("Principal"),a contract (the "Contract")for the work described as follows:RESIDENTIAL
STREETS IMPROVEMENT PROJECT Fiscal Year 2009-2010 AREA 4 AND AREA 8
WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal,and _
(Name and address ofSurety)
("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are
held and firmly bound unto the Public Agency in the penal sum of _
Dollars ($),this amount being not less than one hundred
percent (100%)of the total contract price,in lawful money of the United States of America,for the
payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,
successors,and assigns,jointly and severally,frrmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her
or its heirs,executors,administrators,successors or assigns,or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code,or any amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the Contract,or for any
amounts required to be deducted,withheld,and paid over to the Employment Development Department
from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code,with respect to work or labor performed under the Contract,the Surety
will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this
obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond.In
case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
Further,the Surety,for value received,hereby stipulates and agrees that no change,extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to be performed
thereunder,or the specifications for the same,shall in any way affect its obligations under this bond,and
it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to
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the teIIDs of the Contract or to the work or to the specifications thereunder.Surety hereby waives the
provisions of California Civil Code'2845 and 2849.
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IN WITNESS WHEREOF,two (2)identical counterparts of this instrument,each of which shall for all
purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set
forth below,the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
Dated:_
"Principal"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:_
Insurance Administrator
"Surety"
By:_
Its
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS,WATSON &GERSHON
A Professional Corporation
By:_
Public Agency Attorney
Note:This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any
person signing as attorney-in-fact must be attached.
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Bond No.----
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the _
("Public Agency"),has awarded to _
(Name and address ofContractor)
("Principal"),a contract (the "Contract")for the work described as follows:RESIDENTIAL
STREETS IMPROVEMENT PROJECT FISCAL YEAR 2009-2010 AREA 4 AND AREA
8
WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW,THEREFORE,we,the undersigned Principal,and _
(Name and address ofSurety)
("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are
held and firmly bound unto the Public Agency in the penal sum of _
Dollars ($),this amount being not less than the
total contract price,in lawful money of the United States of America,for the payment of which sum
well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and
assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THlS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her
or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and
well and truly keep and perform all the undertakings,terms,covenants,conditions and agreements in the
Contract and any alteration thereof made as therein provided,on the Principal's part to be kept and
performed,all within the time and in the manner therein specified,and in all respects according to their
true intent and meaning,and shall indemnify and hold harmless the Public Agency,its officers,agents,
and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and
remain in full force and effect.
In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable
attorneys'fees in an amount fixed by the court.
FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to be performed
thereunder,or the specifications for the same,shall in any way affect its obligations under this bond,and
it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to
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C-ll 6-14
the tenns of the Contract or to the work or to the specifications thereunder.Surety hereby waives the
provisions of California Civil Code I 2845 and 2849.The City is the principal beneficiary of this bond
and has all rights of a party hereto.
IN WITNESS WHEREOF,two (2)identical counterparts of this instrument,each of which shall for all
purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set
forth below,the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
Dated:
"Principal"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:_
Insurance Administrator
"Surety"
By:_
Its
By:_
Its
(Seal)
APPROVED AS TO FORM:
RICHARDS,WATSON &GERSHON
A Professional Corporation
By:_
Public Agency Attorney
Note:This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any
person signing as attorney-in-fact must be attached
R6876-0001 \1247385v2
C-12 6-15
WORKERS'COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS,the City of Rancho Palos Verdes has required certain insurance to be provided by:
NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy
or policies described below to the following named insureds and that the same are in force at this time:
1.This certificate is issued to:
City of Rancho Palos Verdes
City Hall ,
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
2.The insureds under such policy or policies are:
3.Workers'Compensation Policy or Policies in a form approved by the Insurance Commissioner of
California covering all operations of the named insureds as follows:
Policy Number Effective Date Expiration Date
4.Said policy or policies shall not be canceled,nor shall there be any reduction in coverage or limits
of liability,unless and until thirty days'written notice thereof has been served upon the City Clerk
of the City of Rancho Palos Verdes
By:_
Its Authorized Representative
R6876-000 1\1247385v2
C-13 6-16
AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code 1720,1773.8,1775,1776,1777.5,1813,1860,1861,3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
following provisions of California law:
1.Contractor acknowledges that this contract is subject to the provisions of Division 2,Part 7,
Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works
and the awarding public agency ("Agency")and agrees to be bound by all the provisions thereof
as though set forth in full herein.
2.Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the
work to the extent required by law.
3.Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and
1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure
to pay prevailing wages.The Contractor shall,as a penalty to the Agency,forfeit not more than
fifty dollars ($50)for each calendar day,or portion thereof,for each worker paid less than the
prevailing rates as determined by the Director of Industrial Relations for the work or craft in
which the worker is employed for any public work done under the contract by Contractor or by
any subcontractor.
4.Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (l)keep accurate payroll records,(2)certify and
make such payroll records available for inspection as provided by Section 1776,and (3)inform
the Agency of the location of the records.The Contractor is responsible for compliance with
Section 1776 by itself and all of its subcontractors.
5.Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects,and further agrees that
Contractor is responsible for compliance with Section 1777.5 by itself and all of its
subcontractors.
6.Contractor agrees to comply with the provlSlons of California Labor Code Section 1813
concerning penalties for workers who work excess hours.The Contractor shall,as a penalty to
the Agency,forfeit twenty-five dollars ($25)for each worker employed in the execution of the
contract by the Contractor or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than 8 hours in anyone calendar day and 40 hours
in anyone calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3
of the California Labor Code.
7.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees.In accordance with the provisions of
California Labor Code Section 1861,Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers'compensation or to
undertake self-insurance in accordance with the provisions of that code,and I
will comply with such provisions before commencing the performance of the
work of this contract."
R6876-0001 \1247385v2
C-14 6-17
Date _
R6876-0001\1247385v2
Signature _
C-15 6-18
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No.or description:_
Indemnitor(s)(list all names):
To the fullest extent permitted by law,Indemnitor hereby agrees,at its sole cost and expense,to
defend,protect,indemnify,and hold harmless the City of Rancho Palos Verdes and its elected
officials,officers,attorneys,agents,employees,volunteers,successors,and assigns (collectively
"Indemnitees")from and against any and all damages,costs,expenses,liabilities,claims,demands,
causes of action,proceedings,expenses,judgments,penalties,liens,and losses of any nature whatsoever,
including fees of accountants,attorneys,or other professionals and all costs associated therewith
(collectively "Liabilities"),arising or claimed to arise,directly or indirectly,out of,in connection with,
resulting from,or related to any act,failure to act,error,or omission of Indemnitor or any of its officers,
agents,servants,employees,subcontractors,materialmen,suppliers or their officers,agents,servants or
employees,arising or claimed to arise,directly or indirectly,out of,in connection with,resulting from,or
related to the above-referenced contract,agreement,license,or permit (the "Agreement")or the
performance or failure to perform any term,provision,covenant,or condition of the Agreement,including
this indemnity provision.This indemnity provision is effective regardless of any prior,concurrent,or
subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees
against any such negligence.This indemnity provision shall survive the termination of the Agreement
and is in addition to any other rights or remedies which Indemnitees may have under the law.Payment is
not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision,
and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.Indemnitor shall pay Indemnitees for any attorney's fees and
costs incurred in enforcing this indemnification provision.Notwithstanding the foregoing,nothing in this
instrument shall be construed to encompass (a)Indemnitees'sole negligence or willful misconduct to the
limited extent that the underlying Agreement is subject to Civil Code 2782(a)or (b)the contracting public
agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code
2782(b).This indemnity is effective without reference to the existence or applicability of any insurance
coverages which may have been required under the Agreement or any additional insured endorsements
which may extend to Indemnitees.
Indemnitor,on behalf of itself and all parties claiming under or through it,hereby waives all rights of
subrogation and contribution against the Indemnitees,while acting within the scope of their duties,from
all claims,losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence
by the Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor,then all
obligations,liabilities,covenants and conditions under this instrument shall be joint and several.
R6876-0001\1247385v2
C-16 6-19
"Indemnitor"
Name _
By:_
Its
R6876-0001 \1247385v2
C-17
Name _
By:_
Its
6-20
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address ofnamed insured (''Named Insured''):
Name and address ofInsurance Company ("Company''):
General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1.The _
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds")under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf ofthe Named Insured.The Additional Insureds have no liability for
the payment of any premiums or assessments under the Policy.
2.The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3.Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy.All such claims shall be
covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each
insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the
terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s)contained in or executed in
conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and
the Additional Insureds.
6.The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal
except after written notice to Public Agency,by certified mail,return receipt requested,not less than
thirty (30)days prior to the effective date thereof.In the event of Company's failure to comply with this
notice provision,the policy as initially drafted will continue in full force and effect until compliance with
this notice requirement.
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of
R6876-0001 \124 7385v2
C-18 6-21
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8.It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,interpretation,and enforcement of this contract of insurance.
9.This endorsement and all notices given hereunder shall be sent to Public Agency at:
10.Except as stated above and not in conflict with this endorsement,nothing contained
herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11.Scheduled items or locations are to be identified on an attached sheet.The following
inclusions relate to the above coverages.Includes:
°Contractual Liability
°Owners/Landlords/Tenants
°Manufacturers/Contractors
°Products/Completed Operations
°Broad Form Property Damage
°Extended Bodily Injury
°Broad Form Comprehensive
General Liability Endorsement
°Explosion Hazard
°Collapse Hazard
°Underground Property Damage
°Pollution Liability
°Liquor Liability
0 _
0 _
0 _
12.A °deductible or °self-insured retention (check one)of $_
applies to all coverage(s)except:_
(ifnone,so state).The deductible is applicable °per claim or °per occurrence (check one).
13.This is an °occurrence or °claims made policy (check one).
14.This endorsement is effective on at 12:01 a.m.and forms a part
of Policy Number _
I,(print name),hereby
declare under penalty of peIjury under the laws of the State of California,that I have the authority to bind
the Company to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20 _
Signature of Authorized Representative
R6876-0001 \1247385v2
C-19 6-22
Telephone No.:(,,)_
(Original signature only;no facsimile signature
or initialed signature accepted)
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address ofnamed insured ("Named Insured ''):_
Name and address ofInsurance Company ("Company''):_
General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1.The _
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds")under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured.The Additional Insureds have no liability for
the payment of any premiums or assessments under the Policy.
2.The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3.Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy.All such claims shall be
covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each
insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the
terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s)contained or executed in conjunction
with the written agreement(s)or permit(s)designated above,between the Named Insured and the
Additional Insureds.
6.The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal
except after written notice to Public Agency,by certified mail,return receipt requested,not less than
thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this
notice provision,the policy as initially drafted will continue in full force and effect until compliance with
this notice requirement.
R6876-0001\1247385v2
C-20 6-23
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8.It is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,interpretation,and enforcement of this contract of insurance.
9.This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
10.Except as stated above and not in conflict with this endorsement,nothing contained
herein shall be held to waive,alter Of extend any of the limits,agreements,or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
11.Scheduled items or locations are to be identified on an attached sheet.The following
inclusions relate to the above coverages.Includes:
\Any Automobiles
\All Owned Automobiles
\Non-owned Automobiles
\Hired Automobiles
\Scheduled Automobiles
\Garage Coverage
\Truckers Coverage
\Motor Carrier Act
\Bus Regulatory Reform Act
\Public Livery Coverage
\
\
12.A 0 deductible or 0 self-insured retention (check one)of $_
applies to all coverage(s)except:(if none,so state).The deductible is applicable
G per claim or G per occurrence (check one).
13.This is an 0 occurrence or 0 claims made policy (check one).
14.
Number
This endorsement is effective on at 12:01 a.m.and forms a part of Policy
I,(print name),hereby
declare under penalty of petjury under the laws of the State of California,that I have the authority to bind
the Company to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20__
R6876-0001\1247385v2
C-21 6-24
Telephone No.:( )_
R6876-0001 \1247385v2
C-22
Signature of Authorized Representative
(Original signature only;no facsimile signature
or initialed signature accepted)
6-25
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address ofnamed insured ("Named Insured''):
Name and address ofInsurance Company ("Company''):
General description ofagreement(s),permit(s),license(s),and/or activity(ies)insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1.The -:-----::----:----:::=-::-:-_-=-----:--:-_:--_
("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the "Additional
Insureds")under the Policy in relation to those activities described generally above with regard to
operations performed by or on behalf ofthe Named Insured.The Additional Insureds have no liability for
the payment of any premiums or assessments under the Policy.
2.The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3.Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought,except with respect to the limits of the Company's
liability.
4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy.All such claims shall be
covered as third-party claims,Le.,in the same manner as if separate policies had been issued to each
insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5.The insurance afforded by the Policy for contractual liability insurance (subject to the
terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s)contained in or executed in
conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and
the Additional Insureds.
6.The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal
except after written notice to Public Agency,by certified mail,return receipt requested,not less than
thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this
notice provision,the policy as initially drafted will continue in full force and effect until compliance with
this notice requirement.
7.Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,
or subsequent active or passive negligence by the Additional Insureds.
R6876-0001 \1247385v2
C-23 6-26
8.
validity,
It is hereby agreed that the laws of the State of California shall apply to and govern the
construction,interpretation,and enforcement of this contract of insurance.
R6876-0001 \1247385v2
C-24 6-27
9.This endorsement and all notices given hereunder shall be sent to Public
Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
10.Except as stated above and not in conflict with this endorsement,nothing contained
herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH
THIS ENDORSEMENT ATTACHES
POLICY PERIOD
FROM/TO
LIMITS OF
LIABILITY
°Following Form
°Umbrella Liability
0 _
11.Applicable underlying coverages:
INSURANCE COMPANY POLICY NO.AMOUNT
12.The following inclusions,exclusions,extensions or specific provisions relate to the above
coverages:
13.A °deductible or °self-insured retention (check one)of $__applies to all
coverage(s)except:--:-_
(ifnone,so state).The deductible is applicable °per claim or °per occurrence (check one).
14.This is an °occurrence or °claims made policy (check one).
15.This endorsement is effective on at 12:01 a.m.and forms a part of Policy
Number _
I,(print name),hereby
declare under penalty of petjury under the laws of the State of California,that I have the authority to bind
the Company to this endorsement and that by my execution hereof,I do so bind the Company.
Executed ,20 __
Signature of Authorized Representative
Telephone No.:(,,)__
R6876-0001 \1247385v2
C-25
(Original signature only;no facsimile signature
or initialed signature accepted)
6-28
Community Development Commission
County of Los Angeles
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO.93-0031
CERTIFICATION
)-----Telephone Number (Zip Code:___
Name of Firm:_
Address:_
State:__
Acting on behalf of the above named firm,as its Authorized Official,I make the following
Certification to the County of Los Angeles and the Community Development
Commission,County of Los Angeles.
1.It is understood that each person/entity/firm who applies for a Community
Development Commission contract,and as part of that process,shall certify that
they are familiar with the requirements of the Los Angeles County Code,Chapter
2.160 (Los Angeles County Ordinance 93-0031)and;
2.That all persons/entities/firms acting on behalf of the above named firm have and will
comply with the County Code,and;
3.That any person/entity/firm who seeks a contract with the Community Development
Commission shall be disqualified therefrom and denied the contract and,shall be
liable in civil action,if any lobbyist,lobbying firm,lobbyist employer or any other
person or entity acting on behalf of the named firm fails to comply with the provisions
of the County Code.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into.Submission of this certification is a
prerequisite for making or entering into contract with the Los Angeles County and the
Community Development Commission,County of Los Angeles.
Authorized Official:
(Contractor/Subcontractor)
By:__
(Signature)
(Date)(Title)
R6876-0001 \1247385v2
C-26
6-29
FEDERAL LOBBYIST REQUIREMENTS
CERTIFICATION
Name of Firm:Date:_
Address:_
State:Zip Code:_Phone No.:_
Acting on behalf of the above named firm,as its Authorized Official,I make the following
Certification to the Department of Housing and Urban Development (HUD)and the
Community Development Commission,County of Los Angeles:
1.No Federal appropriated funds have been paid,by or on behalf of the above named
firm to any person for influencing or attempting to influence an officer or employee of
any agency,a Member of Congress,an officer or employee of Congress,or an
employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of and Federal grant,loan or cooperative agreement,and any
extension,continuation,renewal,amendment,or modification thereof,and;
2.If any funds other than Federal appropriated funds have paid or will be paid to any
person for influencing or attempting to influence an officer or employee or any
agency,a Member of Congress an officer or employee of Congress or an employee
of a Member of Congress in connection with this Federal contract,grant loan,or
cooperative agreement,the above named firm shall complete and submit Standard
Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions,
and:
3.The above name firm shall require that the language of this certification be included
in the award documents for all sub-awards at all tiers (including subcontracts,sub-
grants,and contracts under grants,loans,and cooperative agreement)and that all
sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into.Submission of this certification is a
prerequisite for making or entering into the transaction imposed by Section 1352 Title
31,U.S.Code.Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Authorized Official:
Name:Title:_
Signature:Date:_
Federal Lobbying Requirements Certification Form
R6876-0001\1247385v2
C-27
Revised 09/30105
6-30
FEDERAL NON-DISCRIMINATION PROVISIONS
Contractors shall comply with all relevant requirements of the following federal laws and regulations
dealing with discrimination in federally assisted programs:
A.Titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C.20000d),as amended by the Equal
Employment Opportunity Act of 1972,which provide that no person shall, on the ground of race,
color,national origin,or sex,be excluded from employment or participation in,be denied the benefits
of,or be subjected to discrimination under any program or activity receiving federal financial
assistance.
B.Section 109 of Title I ofthe Housing and Community Development Act of 1974,as amended
(42 U.S.C.5309)and regulations at CFR 570.602 which provide that no person shall on the grounds
of race,color,national origin,or sex,be excluded from participation in,be denied the benefits of,be
denied employment in,or be subjected to discrimination under any CDBG/HOME program or activity.
C.Section 504 of the Rehabilitation Act of 1973,as amended,(29 U.S.C.794)which provides that
no otherwise qualified handicapped individual shall,solely by reason of his/her handicap,be excluded
from the participation in,be denied the benefits of,be denied employment in,or be discriminated
against under any program or activity receiving federal assistance,and Section 503 of the
Rehabilitation Act of 1973,which provides for affirmative action to employ and advance qualified
disabled people
D.Age Discrimination Act of 1975,as amended (42 U.S.C.6101)which provides that no person
shall,on the basis of age,be excluded from participation in,be denied the benefits of,or be subjected
to discrimination under any program or activity receiving federal assistance.
E.Americans with Disabilities Act of 1990,as amended,(42 U.S.C.12101)and regulations at 28
CFR Part 35 and 29 CFR Title 1630,which provides prohibits discrimination based on disability,and
Architectural Barriers Act of 1968,which requires buildings assigned for pUblic use to be designed,
constructed and altered so as to be accessible to and usable by persons with physical disabilities.
F.Executive Order 11246,as amended by Executive Order 12086,and regulations in 41 CFR 60,
which provides that no person shall be discriminated against on the basis of race,color,religion,sex,
or national origin in all phases of employment during the performance of federally-assisted
construction contracts and subcontracts.Contractors and subcontractors shall take affirmative action
to ensure fair treatment in employment,including recruitment,training,promotion,demotion,transfer,
layoff,termination,and pay.
1.The Contractor will not discriminate against any employee or applicant for employment because
of race,color,religion,sex,or national origin.The Contractor will take affirmative action to ensure
that applicants are employed,and that employees are treated during employment,without regard
to their race,color,religion,sex,or national origin.Such action shall include,but not be limited to
the following:Employment,upgrading,demotion,or transfer;recruitment or recruitment
advertising;layoff or termination;rates of pay of other forms of compensation;and selection for
training,including apprenticeship.The Contractor agrees to post in conspicuous places,available
to employees and applicants for employment,notices to be provided by the contracting officer
setting forth the provisions in this nondiscrimination clause.
2.The Contractor will,in all solicitations or advertisement for employees placed by or on behalf of
the Contractor,state that all qualified applicants will receive consideration for employment without
regard to race,color,religion,sex or national origin.
3.The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding,a notice,to be provided by
the agency contracting officer,advertising the labor union or worker's representative of the
R6876-0001 \1247385v2
C-28
6-31
Contractor's commitments under section 202 of Executive Order 11246 of September 24,1965,
and shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
4.The Contractor will comply with all provisions of Executive Order No.11246 of September 24,
1965,and of the rules,regulations,and relevant orders of the Secretary of Labor.
5.The Contractor will furnish all information and reports required by Executive Order No.11246 of
September 24,1965,and by the rules,regulations,and orders of the Secretary of Labor,or
pursuant thereto,and will permit access to his books,records,and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules,regulations and orders.
6.In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of such rules,regulations,and orders,this contract may be canceled,terminated,or
suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order 11246 of
September 24,1965,or by rUle,regulation,or order of the Secretary of Labor,or as otherwise
provided by law.
7.The Contractor will include the provisions of paragraphs (1)through (7)in every subcontract or
purchase order unless exempted by rules,regulations or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order No.11246 of September 24,1965,so that such
provisions will be binding upon each subcontractor or vendor.The Contractor will take such
action with respect to any subcontractor or purchase order as the contracting agency,and may
direct the subcontractor or vendor as a means of enforcing such provisions including sanctions
for noncompliance.Provided,however,that in the event the contract becomes involved in,or
threatened with,litigation with a subcontractor or vendor as a result of such direction by the
contracting agency,the Contractor may request the United States to enter into such litigation to
protect the interest of the United States.
R6876-0001 \1247385v2
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Equal Employment Opportunity Regulations for
Federally Assisted Construction Contracts
NONDISCRIMINATION:
(Applicable to all Federal-aid construction contracts and
to all related subcontracts of $10,000 or more)
Equal employment opportunity (EEO)requirements not to
discriminate and to take affirmative action to assure equal
opportunity as set forth under laws,executive orders,
rules,regulations (28 CFR 35,29 CFR 1630 and 41 CFR
60)and orders of the Secretary of Labor as modified by
the provisions prescribed herein,and imposed pursuant
to 23 U.S.C.140 shall constitute the EEO and specific
affirmative action standards for the contractor's project
activities under this contract.The Equal Opportunity
Construction Contractor Specifications set forth under 41
CFR 60-4.3 and the provisions of the American
Disabilities Act of 1990 (42 U.S.C.12101 et seq.)set
forth under 28 CFR 35 and 29 CFR 1630 are
incorporated by reference in this contract.In the
execution of this contract,the contractor agrees to
comply with the following minimum specific requirement
activities of EEO.
The contractor will work with the awarding agency and
the Federal Government in carrying out EEO obligations
and in their review of his/her activities under the contract.
The contractor will accept as his operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed,and that employees are treated during
employment,without regard to their race,religion,sex,
color,national origin,age or disability.Such action shall
include:employment,upgrading,demotion,or transfer,
recruitment or recruitment advertising;layoff or
termination;rates of payor other forms of compensation;
and selection for training,including apprenticeship,
preapprenticeship,and/or on-the-job training."
EEO OFFICER:
The contractor will designate and make known to the
awarding agency an EEO Officer who will have the
responsibility for and must be capable of effectively
administering and promoting an active contractor
program of EEO and who must be assigned adequate
authority and responsibility to do so.
DISSEMINATION OF POLICY:
All members of the contractor's staff who are authorized
to hire,supervise,promote,and discharge employees,or
who recommend such action,or who are substantially
involved in such action,will be made fully cognizant of,
and will implement,the contractor's EEO policy and
contractual responsibilities to provide EEO in each grade
and classification of employment.To ensure that the
above agreement will be met,the following actions will be
taken as a minimum:
Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and
then not less often than once every six months,at which
time the contractor's EEO policy and its implementation
will be reviewed and explained.The meetings will be
conducted by the EEO officer.
All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer,
covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for
duty with the contractor.
All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minority
employees.
Notices and posters identifying the contractor's EEO
policy will be placed in areas readily accessible to
employees,applicants for employment and potential
employees.
The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks,
or other appropriate means.
RECRUITMENT OF EMPLOYEES:
When advertising for employees,the contractor will
include in all advertisements for employees the notation:
"An Equal Opportunity Employer."All such
advertisements will be placed in publications having a
large circulation among minority groups in the area from
which the project work force would normally be derived.
The contractor will,unless precluded by a valid
bargaining agreement,conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minority group applicants.
To meet this requirement,the contractor will identify
sources of potential minority group employees,and
establish with such identified sources procedures
whereby minority group applicants may be referred to the
contractor for employment consideration.
In the event the contractor has a valid bargaining
agreement providing for exclusive hall referrals,he is
expected to observe the provisions of that agreement to
the extent that the system permits the contractor's
compliance with EEO contract provisions.(The DOL has
held that where implementations of such agreements
have the effect of discriminating against minorities or
women,or obligates the contractor to do the same,such
implementation violates Executive Order 11246,as
amended.)
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The contractor will encourage his present employees to
refer minority group applicants for employment.
Information and procedures with regard to referring
minority group applicants will be discussed with
employees.
SELECTION OF SUBCONTRACTORS,
PROCUREMENT OF MATERIALS AND LEASING OF
EQUIPMENT:
The contractor shall not discriminate on the grounds of
race,color,religion,sex,national origin,age or disability
in the selection and retention of subcontractors,including
procurement of materials and leases of equipment.
The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
Disadvantaged business enterprises (DBE)as defined in
49 CFR 23,shall have equal opportunity to compete for
and perform subcontracts which the contractor enters into
pursuant to this contract.The contractor will use his best
efforts to solicit bids from and to utilize DBE
subcontractors or subcontractors with meaningful minority
group and female representation among their employees.
The contractor will use his best efforts to ensure
subcontractor compliance with their EEO obligations.
EEO RECORDS AND REPORTS:
The contractor shall keep such records as necessary to
document compliance with the EEO requirements.Such
records shall be retained for a period of three years
following completion of the contract work and shall be
available at reasonable times and places for inspection
by authorized representatives.The records kept by the
contractor shall document the following:
The number of minority and non-minority group members
and women employed in each work classification on the
project;
The progress and efforts being made in cooperation with
unions,when applicable,to increase employment
opportunities for minorities and women;
The progress and efforts being made in locating,hiring,
training,qualifying,and upgrading minority and female
employees;and
The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with
meaningful minority and female representation among
their employees.
NONSEGREGATED FACILITIES:
Applicable to all Federal-aid construction contracts and to
all related subcontracts of $1 0,000 or more.
By the execution of this contract or subcontract,or the
consummation of this material supply agreement or
purchase order,all parties certify that the firm does not
maintain or provide for its employees any segregated
facilities at any of its establishments,and that the firm
does not permit its employees to perform their services at
any location under its control,where segregated facilities
are maintained.The contractor agrees that a breach of
this certification is a violation of the EEO provisions of this
contract.The contractor further certifies that no employee
will be denied access to adequate facilities on the basis
of sex or disability.
As used in this certification,the term "segregated
facilities"refers to facilities provided for employees which
are segregated by explicit directive,or on the basis of
race,color,religion,national origin,age or disability,
because of habit,local custom,or otherwise.The only
exception will be for the disabled when the demands for
accessibility override,(e.g.disabled parking).
The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or
material suppliers prior to award of subcontracts or
consummation of material supply agreements of $1 0,000
or more and that it will retain such certifications in its files.
FALSIFICATION OF DOCUMENTS:
The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution
under 18 U.S.C.1001 and 31 U.S.C.231.
The contractor or subcontractor shall make the records
required available for inspection, copying,or transcription
by authorized representatives of the awarding agency or
the DOL,and shall permit such representatives to
interview employees during working hours on the job.If
the contractor or subcontractor fails to submit the
required records or to make them available,the awarding
agency,HUD or DOL,or all may,after written notice to
the contractor,sponsor,applicant,or owner,take such
actions as may be necessary to cause the suspension of
any further payment,advance,or guarantee of funds.
Furthermore,failure to submit the required records upon
request or to make such records available may be
grounds of debarment action pursuant to 29 CFR 5.12.
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